In the Matter of: Luis Lopez, 719 Ester Drive, Donna, TX 78537; Order Denying Export Privileges, 50021-50022 [2021-19223]

Download as PDF Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices Join via phone: 800–360–9505 USA Toll Free; Access Code: 199 591 7175#. Join via Meeting Number: Meeting Number/Access Code: 199 591 7175; Password: mWdjqHzU925. FOR FURTHER INFORMATION CONTACT: Victoria Moreno at vmoreno@usccr.gov or by phone at 434–515–0204. SUPPLEMENTARY INFORMATION: This meeting is available to the public through the WebEx link above. If joining only via phone, callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Individuals who are deaf, deafblind and hard of hearing may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the call-in number found through registering at the web link provided above for the meeting. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the respective meeting. Written comments may be emailed to Victoria Moreno at vmoreno@usccr.gov. All written comments received will be available to the public. Persons who desire additional information may contact the Regional Programs Unit at (202) 809–9618. Records and documents discussed during the meeting will be available for public viewing as they become available at the www.facadatabase.gov. Persons interested in the work of this advisory committee are advised to go to the Commission’s website, www.usccr.gov, or to contact the Regional Programs Unit at the above phone number or email address. Agenda sradovich on DSKJLST7X2PROD with NOTICES Tuesday, September 21, 2021; 12:00 p.m. (ET) 1. Welcome and Roll Call 2. Chair’s Comments 3. Introductions 4. Committee Discussion 5. Next Steps 6. Public Comment 7. Other Business 8. Adjourn Dated: August 31, 2021. David Mussatt, Supervisory Chief Regional Programs Unit. [FR Doc. 2021–19144 Filed 9–3–21; 8:45 am] BILLING CODE P VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Luis Lopez, 719 Ester Drive, Donna, TX 78537; Order Denying Export Privileges On December 17, 2019, in the U.S. District Court for the Southern District of Texas, Luis Lopez (‘‘Lopez’’), was convicted of violating 18 U.S.C. 554(a). Specifically, Lopez was convicted of fraudulently and knowingly exporting and sending or attempting to export and send from the United States to Mexico, five (5) AK–47 semi-automatic rifles, in violation of 18 U.S.C. 554. Lopez was sentenced to 37 months in prison, three years of supervised release and a $100 assessment. Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, 18 U.S.C. 554, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, any Bureau of Industry and Security (BIS) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Lopez’s conviction for violating 18 U.S.C. 554, and has provided notice and opportunity for Lopez to make a written submission to BIS, as provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.2 BIS has not received a written submission from Lopez. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Lopez’s export privileges under the Regulations for a period of 10 years from the date of Lopez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Lopez had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: 1 ECRA was enacted as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801–4852. Lopez’s conviction post-dates ECRA’s enactment on August 13, 2018. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2021). 3 The Director, Office of Export Enforcement, is now the authorizing official for issuance of denial orders, pursuant to recent amendments to the Regulations (85 FR 73411, November 18, 2020). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 50021 First, from the date of this Order until December 17, 2029, Luis Lopez, with a last known address of 719 Ester Drive, Donna, Texas 78537, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (‘‘the Denied Person’’), may not directly or indirectly participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, 07SEN1 50022 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, pursuant to section 1760(e) of the Export Control Reform Act (50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Lopez by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with part 756 of the Regulations, Lopez may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Lopez and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 17, 2029. Background On October 6, 2020, Commerce published the notice of initiation of an administrative review of the countervailing duty order on ripe olives from Spain.1 On April 5, 2021, Commerce extended the deadline for the preliminary results of this review by 120 days until August 31, 2021.2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 Scope of the Order The products covered by the order are ripe olives from Spain. For a complete description of the scope of this administrative review, see the Preliminary Decision Memorandum.4 Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 2019 Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our conclusions, including our reliance, in part, on facts otherwise available pursuant to section 776(a) of the Act, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers/exporters of ripe olives from Spain during the period of review, January 1, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 7, 2021. FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, AD/CVD 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 63081 (October 6, 2020). 2 See Memorandum, ‘‘Ripe Olives from Spain: Extension of Deadline for Preliminary Results of 2019 Countervailing Duty Administrative Review,’’ dated April 5, 2021. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2019 Countervailing Duty Administrative Review of Ripe Olives from Spain,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Preliminary Decision Memorandum. 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–19223 Filed 9–3–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [C–469–818] AGENCY: sradovich on DSKJLST7X2PROD with NOTICES Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1785 or (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. Preliminary Rate for Non-Selected Companies Under Review There are three companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. For these companies, because the rates calculated for the mandatory respondents, Agro Sevilla Aceitunas S.Coop. And. (Agro Sevilla) and Angel Camacho Alimentacio´n, S.L. (Camacho), were above de minimis and not based entirely on facts available, we are applying to the non-selected companies the weighted average of the net subsidy rates calculated for Agro Sevilla and Camacho, which we calculated using the publicly ranged sales data submitted by Agro Sevilla and Camacho.6 This methodology to establish the all-others subsidy rate is consistent with our practice and section 705(c)(5)(A) of the Act. For further information on the calculation of the non-selected respondent rate, refer to the section in the Preliminary Decision Memorandum entitled ‘‘Non-Selected Company Rate.’’ Preliminary Results of Review We preliminarily determine the following net countervailable subsidy rates for the period January 1, 2019, through December 31, 2019: Producer/exporter Agro Sevilla Aceitunas S.Coop. And ...................... Subsidy rate (percent) 4.96 6 With two respondents under examination, Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). 07SEN1

Agencies

[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50021-50022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19223]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Luis Lopez, 719 Ester Drive, Donna, TX 78537; 
Order Denying Export Privileges

    On December 17, 2019, in the U.S. District Court for the Southern 
District of Texas, Luis Lopez (``Lopez''), was convicted of violating 
18 U.S.C. 554(a). Specifically, Lopez was convicted of fraudulently and 
knowingly exporting and sending or attempting to export and send from 
the United States to Mexico, five (5) AK-47 semi-automatic rifles, in 
violation of 18 U.S.C. 554. Lopez was sentenced to 37 months in prison, 
three years of supervised release and a $100 assessment.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, 18 U.S.C. 
554, may be denied for a period of up to ten (10) years from the date 
of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In 
addition, any Bureau of Industry and Security (BIS) licenses or other 
authorizations issued under ECRA, in which the person had an interest 
at the time of the conviction, may be revoked. Id.
---------------------------------------------------------------------------

    \1\ ECRA was enacted as part of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019, and as amended is 
codified at 50 U.S.C. 4801-4852. Lopez's conviction post-dates 
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Lopez's conviction for violating 18 U.S.C. 
554, and has provided notice and opportunity for Lopez to make a 
written submission to BIS, as provided in section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR 
766.25.\2\ BIS has not received a written submission from Lopez.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2021).
---------------------------------------------------------------------------

    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Lopez's export privileges 
under the Regulations for a period of 10 years from the date of Lopez's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Lopez had an interest at the time of 
his conviction.\3\
---------------------------------------------------------------------------

    \3\ The Director, Office of Export Enforcement, is now the 
authorizing official for issuance of denial orders, pursuant to 
recent amendments to the Regulations (85 FR 73411, November 18, 
2020).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until December 17, 2029, Luis 
Lopez, with a last known address of 719 Ester Drive, Donna, Texas 
78537, and when acting for or on his behalf, his successors, assigns, 
employees, agents or representatives (``the Denied Person''), may not 
directly or indirectly participate in any way in any transaction 
involving any commodity, software or technology (hereinafter 
collectively referred to as ``item'') exported or to be exported from 
the United States that is subject to the Regulations, including, but 
not limited to:
    A. Applying for, obtaining, or using any license, license 
exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or engaging in any 
other activity subject to the Regulations; or
    C. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or from any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export, reexport, or transfer (in-country) to or on behalf of 
the Denied Person any item subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned,

[[Page 50022]]

possessed or controlled by the Denied Person, or service any item, of 
whatever origin, that is owned, possessed or controlled by the Denied 
Person if such service involves the use of any item subject to the 
Regulations that has been or will be exported from the United States. 
For purposes of this paragraph, servicing means installation, 
maintenance, repair, modification or testing.
    Third, pursuant to section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, 
any other person, firm, corporation, or business organization related 
to Lopez by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business 
may also be made subject to the provisions of this Order in order to 
prevent evasion of this Order.
    Fourth, in accordance with part 756 of the Regulations, Lopez may 
file an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed within 45 days from the 
date of this Order and must comply with the provisions of part 756 of 
the Regulations.
    Fifth, a copy of this Order shall be delivered to Lopez and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 17, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19223 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DT-P
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